On December 22, 2021, the Government of Canada quietly published the Accessible Canada Regulations (the GiC Regulations) pursuant to subsections 117(1) and 117(1.1) of the Accessible Canada Act (the ACA). The GiC Regulations apply to government departments and agencies, Crown corporations, the Canadian Forces, as well as works, undertakings, and businesses that fall within the legislative remit of the Government of Canada, such as banks, airlines, and telecommunications and broadcasting providers (collectively, the Regulated Entities). The GiC Regulations specify form and content requirements for the principal obligations imposed on Regulated Entities in the ACA: (a) to create accessibility plans addressing how accessibility barriers will be identified, eliminated, and prevented; (b) to prepare and publish progress reports on the implementation of such plans; and (c) to establish feedback mechanisms to receive and address accessibility-related feedback.
Regulated Entities that have been following the enactment and implementation of the ACA for a while will understand that the GiC Regulations dovetail with sector-specific regulations required to be made by Transport Canada and the Canadian Radio-television and Telecommunications Commission (the CRTC).For broadcasting undertakings, Canadian telecommunications common carriers, and telecommunications service providers (collectively, the Communication Entities), the CRTC made the Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations (the CRTC Regulations) on July 7, 2021.
Differences between the CRTC Regulations and the GiC Regulations
The CRTC Regulations and the GiC Regulations differ with respect to their application. The GiC Regulations apply to Communication Entities in relation to their employment, built premises, transportation, and communications related to those areas. The CRTC Regulations apply to the telecommunication or broadcasting services that the Communication Entities offer. In other words, broadly speaking, the GiC Regulations apply to Communication Entities in relation to their role as employers, and the CRTC Regulations apply to Communication Entities in relation to their role as service providers. The GiC Regulations go further than the draft regulations released in February 2021 in specifying the pinpoint provisions in the ACA that impose obligations on Communication Entities as employers and custodians of physical premises.
Other minor changes between the February 2021 draft regulations and the final GiC Regulations include that a person must be designated to receive feedback on behalf of Regulated Entities, such a designated person must be identified under the “General” heading of accessibility plans and progress reports, and feedback must be able to be given via several means of communication.
Administrative monetary penalties for violations of the ACA, the GiC Regulations or orders issued under the ACA remain a feature of the new regime, with penalties ranging between CA$500 to CA$50,000 for a first violation, depending on the severity of the violation and the number of employees a Regulated Entity has. Furthermore, it remains the case that the GiC Regulations establish a three-year planning and reporting cycle within which Regulated Entities will be required to publish an initial accessibility plan in the first year, followed by two consecutive years of publishing progress reports.
The dates by which Communications Entities must publish their initial accessibility plans under the GiC Regulations are as follows:
(a) Communications Entities with 100 or more employees are required to publish by June 1, 2023;
(b) Communications Entities with between 10 and 99 employees are required to publish by June 1, 2024; and
(c) Private sector entities with fewer than 10 employees are exempt from planning and reporting cycle obligations set out in the GiC Regulations.
Takewaways
The simultaneous operation of both the CRTC Regulations and the GiC Regulations may create some complexity for industry members. However, both sets of Regulations generally prescribe similar requirements with respect to the obligations imposed under the ACA – in their respective realms of application, both Regulations set out specific criteria for the form, content, and publication of accessibility plans, progress reports, and feedback processes, as well as the dates upon which the obligations must first be fulfilled. Further, the ACA provides that the Accessibility Commissioner and the CRTC, among others, must work together to foster complementary policies and practices in relation to accessibility-related matters.
For further information on the application of the ACA, please contact Monica at monica.song@dentons.com or at 613-783-9698. Monica gratefully acknowledges the contribution of Maggie Sullivan, student-at-law, to this post.
